B.P. Katakey, J.

1. The petitioner, who was the President of Tokoubari Gaon Panchayat in the district of Sonitpur, has filed this petition challenging the resolution dated 3.8.2009 adopted in the meeting of the Gaon Panchayat expressing want of confidence on her, basically on the ground of violation of the provisions of Section 15 of the Assam Panchayat Act, 1994 ("the Act").

2. The facts necessary for the purpose of disposal of the present case are that a notice expressing want of confidence on the petitioner was delivered to the secretary of the Tokoubari Gaon Panchayat on 9.7.2009, on the basis of which the Secretary of Tokoubari Gaon Panchayat on 10.7.2009 prepared a note for placing the same before the petitioner, who was the president of the Tokoubari Gaon Panchayat and accordingly the same was placed before her on 16.7.2009. Since no meeting was convened by the petitioner to discuss the no confidence motion brought against her, the Secretary of the Tokoubari Gaon Panchayat on 27.7.2009 referred the matter to the President of Chaiduar Anchalik Panchayat, within whose jurisdiction Tokoubari Gaon Panchayat falls, who vide order dated 28.7.2009 convened the meeting of Tokoubari Gaon Panchayat to discuss the no confidence motion brought against the petitioner fixing 3.8.2009 as the date for such meeting. The said meeting was attended by the petitioner and the resolution expressing want of confidence on her was adopted by majority of 2/3rd of the total number of members of the said Gaon Panchayat. The petitioner, therefore, was removed from the office of the President of Tokoubari Gaon Panchayat. Hence, the present petition.

3. I have heard Mr. P.P. Baruah, the Learned Counsel for the petitioner, Mrs. H.M. Phookan, the Learned State Counsel appearing for the respondent Nos. 1 to 6 as well as Mr. R.P. Sarma, the Learned Senior Counsel appearing for the respondent Nos. 7 to 13.

4. Mr. Baruah, the Learned Counsel appearing for the petitioner referring to the provision contained in Sub-section (1) of Section 15 of the Act has submitted that the Secretary of the Gaon Panchayat cannot refer the matter relating to the want of confidence to the President of the concerned Anchalik Panchayat before expiry of 15 days from the date of receipt of the notice, which would be, according to the Learned Counsel, from the date when such notice was delivered to the President or the Vice-President as the case may be, of the concerned Gaon Panchayat, in view of Sub-section (2) of Section 15 of the Act. According to Mr. Baruah, since the notice expressing want of confidence on the petitioner was brought to her notice on 16.7.2009, the petitioner would get 15 days time to convene the meeting under Sub-section (1) of Section 15 of the Act and only in the event, the President fails to convene such meeting within the aforesaid period of time, the Secretary of the Gaon Panchayat assumes jurisdiction to refer the matter to the President of the concerned Anchalik Panchayat, the provision of Sub-section (1) of Section 15relating to the time limit of 15 days of convening the meeting after receipt of the notice expressing want of confidence being mandatory. Mr. Baruah has submitted that since the Secretary has referred the matter to the President of the Anchalik Panchayat on 27.7.2009 before expiry of 15 days from 16.7.2009, the action on the part of the Anchalik Panchayat in convening the meeting of the Gaon Panchayat fixing 3.8.2009 is contrary to the provision contained in Section 15 of the Act and as such illegal. Referring to Sub-section (3) of Section 17 of the Act, Mr. Baruah submits that the notice convening any meeting of the Gaon Panchayat has to disclose the business to be transacted and since in the notice dated 28.7.2009 issued by the President of Chaiduar Anchalik Panchayat, the business to be transacted in such meeting has not been mentioned, any resolution adopted in the meeting dated 3.8.2009 is contrary to the provisions of the Act. In